No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6389 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6389
To amend Public Law 119-21 (commonly known as the ``One Big Beautiful
Bill Act'') to repeal or amend certain provisions that undermine
protections and heighten dangers for unaccompanied children, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2025
Mr. Goldman of New York (for himself, Mrs. Ramirez, Ms. Jayapal, Mr.
Casar, Mr. Garcia of California, Ms. Jacobs, Ms. Simon, Ms. Norton, Mr.
Davis of Illinois, Ms. Schakowsky, Mr. Correa, Ms. Tlaib, Ms. Pingree,
Ms. Titus, Ms. Lee of Pennsylvania, Ms. Clarke of New York, Mr.
Krishnamoorthi, Mr. Carson, Ms. Salinas, Ms. Tokuda, Ms. Lofgren, Ms.
Meng, Ms. Chu, Mr. Quigley, Ms. Ansari, Ms. Ross, Mr. Lieu, Ms.
Morrison, Ms. DeGette, Ms. McClellan, Mr. Huffman, Mrs. Torres of
California, Ms. Stansbury, Mr. Garcia of Illinois, and Ms. Crockett)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Homeland Security,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend Public Law 119-21 (commonly known as the ``One Big Beautiful
Bill Act'') to repeal or amend certain provisions that undermine
protections and heighten dangers for unaccompanied children, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upholding Protections for
Unaccompanied Children Act of 2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Unaccompanied children are among the world's most
vulnerable individuals. Without protection in their countries
of origin, they have fled to the United States often on their
own to escape extreme violence, sexual abuse, human
trafficking, and other dangers.
(2) In recognition of this vulnerability, Congress has
traditionally ensured protections for unaccompanied children on
a broad bipartisan basis.
(3) Congress reaffirmed this bipartisan commitment through
passage of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (``TVPRA'') which
passed, among other purposes, to ensure that unaccompanied
children are screened properly to identify signs of trafficking
or other protection concerns, placed in the least restrictive
setting that is in the best interest of the child, and accorded
a full and fair legal process, distinguished by child-sensitive
procedures, for pursuing humanitarian relief.
(4) The One Big Beautiful Bill Act (Public Law 119-21)
erects barriers to TVPRA protections and other longstanding
safeguards for unaccompanied children, weakening due process
and heightening these children's vulnerability to human
trafficking, exploitation, and abuse.
(5) This legislation imposes an unprecedented fee structure
that limits or outright blocks unaccompanied children's ability
to pursue humanitarian protection in the United States,
requiring onerous fees from unaccompanied children to seek
asylum and other legal relief runs contrary to the TVPRA's
mandate to govern these children's applications in ways that
take into account their specialized needs. It also creates
opportunities for traffickers and abusers skilled in leveraging
debt to coerce children into sex and labor trafficking and
other forms of exploitation.
(6) The Trump administration has sought to rely upon One
Big Beautiful Bill Act provisions that provide funding for the
removal of unaccompanied children to summarily return children
throughout the Nation to their countries of origin without due
process. These returns run counter to TVPRA requirements that
the Secretary of the Department of Homeland Security place
unaccompanied children from countries other than Mexico and
Canada in Office of Refugee Resettlement custody, where they
receive screenings for trafficking and other protection
concerns by legal services providers, and that these children
are afforded an appropriate legal process before an immigration
judge. Summarily returned children face grave risks of
trafficking and other harms.
(7) The American Academy of Pediatrics and other leading
medical groups have warned that there is no evidence that any
amount of time in detention is safe for children and that
detention itself poses a threat to child health.
(8) The One Big Beautiful Bill Act provides funding for
carrying out potentially physically intrusive examinations of
unaccompanied children in the Department of Homeland Security
and Office of Refugee Resettlement custody without any
guardrails to protect against inappropriate application and
misconduct and despite risks of retraumatizing children who may
be fleeing abuse or exploitation.
(9) The One Big Beautiful Bill Act provides funding to the
Office of Refugee Resettlement that will further fuel the Trump
administration's systematic targeting of unaccompanied
children's family members for immigration enforcement. After
the Administration eliminated safeguards that restricted the
Office of Refugee Resettlement from sharing information on
unaccompanied children's sponsors with the Department of
Homeland Security for purposes of immigration enforcement,
Immigration and Customs Enforcement has taken enforcement
actions against numerous sponsors who lack immigration status.
These actions have split families apart, caused children
profound trauma, and deterred loving parents and other family
members from coming forward to sponsor children in Office of
Refugee Resettlement custody, depriving children of safe
sponsorship options and dramatically increasing those
children's periods of government detention.
SEC. 3. FEES.
(a) Asylum Fee.--Section 100002 of Public Law 119-21 (commonly
known as the ``One Big Beautiful Bill Act'') is amended by adding at
the end the following:
``(f) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(b) Employment Authorization Document Fee.--Section 100003 of
Public Law 119-21 (commonly known as the ``One Big Beautiful Bill
Act'') is amended by adding at the end the following:
``(d) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(c) Special Immigrant Juvenile Fee.--
(1) Repeal.--Section 100005 of Public Law 119-21 (commonly
known as the ``One Big Beautiful Bill Act'') is repealed.
(2) Clarification.--The Secretary of Homeland Security may
not impose a fee in connection with any alien, parent, or legal
guardian of an alien applying for special immigrant juvenile
status under section 101(a)(27)(J) (8 U.S.C. 1101(a)(27)(J)).
(d) Annual Asylum Fee.--Section 100009 of Public Law 119-21
(commonly known as the ``One Big Beautiful Bill Act'') is amended by
adding at the end the following:
``(e) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(e) Employment Authorization Renewal Fees.--
(1) Employment authorization for parolees.--Section 100010
of Public Law 119-21 (commonly known as the ``One Big Beautiful
Bill Act'') is amended by adding at the end the following:
``(e) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(2) Employment authorization for asylum applicants.--
Section 100011 of Public Law 119-21 (commonly known as the
``One Big Beautiful Bill Act'') is amended by adding at the end
the following:
``(e) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(3) Employment authorization for aliens granted temporary
protected status.--Section 100012 of Public Law 119-21
(commonly known as the ``One Big Beautiful Bill Act'') is
amended by adding at the end the following:
``(e) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(f) Immigration Court Fees.--Section 100013 of Public Law 119-21
(commonly known as the ``One Big Beautiful Bill Act'') is amended by
adding at the end the following:
``(l) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
(g) In Absentia Removal Fee.--Section 100016(c) of Public Law 119-
21 (commonly known as the ``One Big Beautiful Bill Act'') is amended by
inserting before the period at the end the following: ``, or in the
case of any individual who is, or was previously determined to be, an
unaccompanied alien child, as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))''.
(h) Border Apprehension Fee .--Section 100017 of Public Law 119-21
(commonly known as the ``One Big Beautiful Bill Act'') is amended by
inserting at the end the following:
``(e) Exception.--This section shall not apply in the case of any
individual who is, or was previously determined to be, an unaccompanied
alien child, as defined in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).''.
SEC. 4. UPHOLDING PROTECTION SCREENINGS AND A FAIR LEGAL PROCESS.
Section 100051(8) of Public Law 119-21 (commonly known as the ``One
Big Beautiful Bill Act'') is repealed.
SEC. 5. LIMITATIONS BODY EXAMINATIONS.
(a) Body Examinations Conducted by the Department of Homeland
Security.--Section 100051(11) of Public Law 119-21 is repealed.
(b) Body Examinations Conducted by the Office of Refugee
Resettlement.--Section 87001(b)(3) of Public Law 119-21 is repealed.
SEC. 6. SPONSOR INFORMATION SHARING.
Section 87001 of Public Law 119-21 (commonly known as the ``One Big
Beautiful Bill Act''), as amended by this Act, is further amended by
adding at the end the following:
``(f) Limitation on Information Sharing.--The Secretary of Health
and Human Services shall ensure that information obtained under this
section is not shared with Department of Homeland Security or any other
Federal agency for the purpose of enforcing the immigration laws (as
such term is defined in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101)).''.
SEC. 7. REFUND OF FEES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security and the Attorney General shall
refund each fee paid under a provision of law repealed or amended by
this Act to each individual who paid such fee.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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